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In Episode 70 Emma-Louise Fenelon talks to Robert Kellar about consent and causation, discussing the development of the law since Chester v Afshar through to Khan v MNX.
Listeners can find recent interviews on informed consent with James Badenoch QC here and John Whitting QC here.
– Hughes-Holland v. BPE Solicitors and Another [2017] UKSC 21
– South Australian Asset Management Corporation v. York Montague Limited (“SAAMCO”) [1997] 1 AC 19
Law Pod UK is available on Audioboom, iTunes, Spotify, Podbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.
At the age of 85, United States Supreme Court Justice Ruth Bader Ginsburg has developed an extraordinary legal legacy while becoming an unexpected pop culture icon. With the documentary ‘RBG’, and the movie ‘On the Basis of Sex’ starring Felicity Jones shortly to go on general release in cinemas, Emma-Louise Fenelon speaks to Mrs Justice Philippa Whipple about her exceptional life and career. Listen to Episode 61 of Law Pod UK.
RBG is Directed by Betsy West and Julie Cohen and co-produced by Storyville Films and CNN Films. Details are available here: https://www.rbgmovie.co.uk.
Law Pod UK is available for free on Audioboom, iTunes, PodBean, The Podcast App or wherever you get your podcasts.
2018 provided much food for thought for those practising in inquest law, with significant judgments on the burden on proof in suicide, on scope in relation to the Birmingham pub bombings, on causation in relation to medical negligence, on the relevance of non-causative findings to the record of inquest and on costs. In the most recent episode of Law Pod UK I am joined by Jeremy Hyam QC, who provides a whistlestop tour of this year’s the most significant cases.
Citations for cases mentioned on the podcast and links to related blog articles written by members of chambers are contained below, as is a brief analysis of R (Paul Worthington) v HM Senior Coroner for the County of Cumbria[2018] EWHC 3386 (Admin), a decision which was unfortunately handed down too late for consideration in the podcast episode. The episode is a available here.
The audience heard how on her first day working in environmental law, Claire McGregor boarded a plane to the Ivory Coast to work on the Trafigura case involving 30,000 claimants suing oil multinational Trafigura for compensation following a toxic oil spill. The case went on to become the largest group litigation case in the UK. Continue reading →
“The question is,” said Alice, “whether you can make words mean so many different things.”
“The question is,” said Humpty Dumpty, “which is to be master – that’s all.”
Through the Looking Glass, Chapter 6
Few judicial decisions provoke the frenzy of editorials, newspaper articles, opinion pieces, facebook status updates and dinner table debates as were prompted by that of the Employment Tribunal last Friday in Aslam, Farrar and Others v Uber. Fewer still can boast references to both Shakespeare and Milton, nor deliver such a joy to read (assuming you are not, in fact, the Respondents’ lawyers). Volunteering to write about the judgment shortly after its publication on Friday afternoon, it took little time before I realised this piece would be one among a crowded chorus of views.
Among the maelstrom, The Sunday Times (£) was concerned it would herald the end of the end of the ‘gig’ economy, the Guardian argued that avoiding paying benefits was not a fair route to profits, while the Financial Times (£) approved the forging of a ‘middle way’ for fair treatment of workers and the company. For some the decision was seismic, potentially ground-breaking; for others it could spell tragedy; a lone voice thought it would change very little. Rightsinfo have provided an excellent plain English summary here.
“ After this there is no turning back. You take the blue pill: the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill: you stay in Wonderland and I show you how deep the rabbit hole goes.”
– Morpheus, The Matrix
The explosion of genetic testing in the last half century has produced unquantifiable benefits, allowing scientists to understand the constitution of genetic disorders and dramatically improve disease diagnosis, avoidance and treatment. Consider the near-eradication of Tay-Sachs, a fatal neurodegenerative disease, since the introduction of screening in the 1970s; the standardisation of newborn testing; and the introduction of BRCA1 and BRCA2 testing for inherited cancer genes.
These advances have created challenging ethical and legal questions, however: How much information does each of us want to know about our genetic makeup?; Do we have a responsibility to seek such information out? What should we do with the information once we get it? What about the significant risks of stigmatisation and discrimination?; And, where do doctors’ duties begin and end insofar as they are, or ought to be aware of testing outcomes?
In the High Court last week (judgment available here) McKenna J dealt with the latter question, striking out a claim by a patient’s relatives over a missed diagnosis of a genetic disorder and holding that a third party cannot recover damages for a personal injury suffered because of an omission in the treatment of another. Continue reading →
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